Court Refuses to Set Aside Separation Agreement

In a recent decision, an Ontario court considered the interesting question of when it might be appropriate to set aside a separation agreement. As it turns out, the answer to this question may be more complicated than it seems.   The Parties’ Story The parties were married for approximately 19 years and separated in 2008. …

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Common Law Spouses and Claims for Constructive Trust

The Ontario Court of Appeal recently grappled with the important question of when a common law partner’s claim for a constructive trust interest in a home may or may not be allowed. What Happened? The parties were common law partners who had cohabited for 15 years, from 2000 to 2015. At no time did the …

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Changing a Child’s Name After Separation or Divorce

An Ontario court recently grappled with the interesting question of when it is and is not appropriate for a parent to be prohibited from changing the name(s) of their children after a separation. As we’ve explored previously, this is often a source of tension for separating parents. In this case, the court allowed the mother …

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Court of Appeal Upholds Cohabitation Agreement Waiving Spousal Support

The Ontario Court of Appeal has upheld a cohabitation agreement that a woman signed decades ago without obtaining independent legal advice, finding no reason to overturn the agreement. What Happened? The parties in question began to live together in 1997. The husband had previously had an acrimonious separation and wanted to avoid a similar situation …

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Can I Sue My Ex’s Mistress for Damages?

This was an interesting question that an Ontario court grappled with several years ago, in a decision that made some interesting points. The Ontario Superior Court of Justice was asked to determine the potential legal viability of a wife’s lawsuit against her common-law husband’s mistress, and against the fertility clinic where the mistress was employed, …

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